White River Hub, LLC

Original Volume No. 1

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Effective Date: 11/01/2008, Docket: RP08-645-000, Status: Effective

Original Sheet No. 136 Original Sheet No. 136

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

17.6 Contested Bills. Any billing or statement may be contested within

180 days from its receipt by Shipper. If an invoice is in dispute, the

Shipper shall pay any portion not in dispute and provide documentation

identifying the basis for the dispute. White River shall have 90 days to

provide its rebuttal. This time limit shall not apply in cases of deliberate

omission, misrepresentation or mutual mistake of fact.

 

If Shipper (i) contests all or any part of a bill in good faith, (ii)

pays to White River the amounts it concedes to be correct, (iii) provides

documentation identifying the basis of the dispute and (iv) within 30 days of

a demand made by White River, furnishes a surety bond guaranteeing payment in

the amount of the disputed portion of the bill, then White River may not

suspend further delivery of gas unless default has occurred under the

conditions of the bond. No payment by Shipper of the amount of a disputed

bill shall prejudice the right of Shipper to claim an adjustment of the

disputed bill. Shipper shall pay interest on disputed portions of a bill for

which shipper has withheld payment, and which ultimately are found due,

according to the provisions of this tariff.

 

17.7 Billing Errors. If an error is discovered in the amount of any

bill, the error shall be adjusted within 30 days of the determination that an

adjustment is required, provided that the claim for adjustment shall have been

made within 180 days from the date of the bill. If it is determined that

Shipper has been overcharged, and Shipper has paid the statement containing

the overcharge, then, within 30 days after the final determination, White

River shall refund the amount overcharged with interest. If it is determined

that Shipper has been undercharged, Shipper shall pay the amount undercharged

with interest calculated as prescribed by 18 C.F.R. § 154.501(d) within 30

days of notice by White River of the amount. In the event that any portion of

a statement is in dispute, payment of the disputed portion shall not be deemed

a waiver of the right to contest such disputed portion in any forum having

jurisdiction.